What is a Stalking Protection Order?
A Stalking Protection Order (SPO) is a civil preventative order introduced by the Stalking Protection Act 2019. It allows the police to apply to the Magistrates' Court to impose restrictions on a person's behaviour at an early stage of any investigation — or indeed before any investigation has begun. Because SPOs are civil orders, being made subject to one does not result in a criminal record.
The enforcement mechanism, however, is criminal. Breaching any condition of an SPO is a criminal offence carrying a maximum penalty of five years' imprisonment.
When Can an SPO be Applied For?
The police do not require the support of a complainant to apply for an SPO. They may apply if they are satisfied that the subject has carried out acts associated with stalking, the subject poses a risk of stalking to another person, and the order is necessary to protect that person from that risk.
Acts associated with stalking are defined broadly under the Protection from Harassment Act 1997. They include following a person, monitoring their electronic communications, loitering near their home or place of work, and repeatedly making contact after being asked to stop. The court considers the pattern of behaviour as a whole — even individually minor acts may collectively satisfy the threshold.
Interim SPOs
Where the police consider the risk to be urgent, they may apply for an interim SPO on a without-notice basis — meaning the subject is not informed of the application before it is heard. An interim order can be granted immediately. The subject then has the right to apply to vary or discharge the order once it has been served.
Requirements and Prohibitions
An SPO is tailored to the specific facts of the case. It typically contains two types of conditions:
Prohibitions — things the subject cannot do:
- No contact: Direct or indirect contact with the protected person, including through third parties or social media.
- Exclusion zones: Being within a specified distance of named addresses.
- Device restrictions: Using particular software or devices in specified ways.
Positive requirements — things the subject must do:
- Notification: Registering name and address with the police within three days.
- Attendance: At mental health assessments or rehabilitation programmes.
- Transparency: Providing access to electronic devices or social media accounts for police checks.
Breaching an SPO
Breach of an SPO is treated seriously. The standard of proof for breach proceedings is the criminal standard — beyond reasonable doubt. However, even inadvertent breaches — such as entering an exclusion zone for a legitimate purpose without police authorisation — can result in arrest and a remand in custody pending a court hearing.
It is essential to understand the precise terms of any SPO and to seek legal advice before taking any action that might engage those terms.
Duration of an SPO
An SPO has a minimum duration of two years. There is no statutory maximum, and orders can be renewed. The long-term nature of these orders makes it important to challenge the application at the outset, or to negotiate workable terms where an order is likely to be made.
Contesting or Varying an SPO
A subject has the statutory right to oppose an SPO application. Grounds for challenge include:
- Challenging whether the conduct amounts to acts associated with stalking.
- Arguing that the risk identified by the police no longer exists or is overstated.
- Arguing that the order is disproportionate in its effect — for example, where proposed exclusion zones would prevent the subject from attending work or maintaining contact with their children.
Where an order is likely to be made, it is often possible to negotiate modified terms that are less restrictive while still addressing the court's concerns.
What to Do if You Are Subject to an SPO Application
If you become aware that the police are applying for an SPO, seek legal advice immediately. You have the right to be heard at the hearing, and representation at that stage can significantly affect both the outcome and the terms of any order made.
If an interim order has already been made, comply with its terms while seeking legal advice. Any breach of an interim order is a criminal offence and will be treated as seriously as a breach of a final order.